Last updated on : 2009/06/25
The procedure for the settlement of disputes by CRE is governed by:
measures laid down by Article 38 of Law N° 2000-108 dated February 10th 2000 relative to the modernisation and development of the public electricity service, modified by law N° 2003-8 of January 3rd 2003 relative to gas and electricity markets and the public service energy;
decree n° 2000-894 dated September 11th 2000 relative to CRE referral procedures;
CRE’s decision taken on February 15th 2001 relative to the Commission’s internal regulation.
The request must be submitted to the Commission by registered letter with acknowledgement or by hand against receipt at the procedures office (Article 12 of internal regulation).
Eight copies of the referral document must be submitted, with additional copies for each party indicted by the applicant (Article 12 of internal regulation).
The referral to the Commission must include (Article 1 of the decree, Article 12 of internal regulation):
The surname, forename, address, nationality and profession of the originator of the referral; if the originator is a legal entity, its form, title or corporate name, the address of its registered office and its legal representative;
The name of the council(s) briefed to assist or represent the applicant; where the applicant has briefed several councils, indicate the person on whom legal documents associated with the procedure will be officially served;
The subject of the referral, as well as a statement of the resources and documents which form the basis of the submission;
Names and addresses of the parties indicted by the applicant;
If access has been refused, a copy of the decision taken against the originator of the referral or, failing this, a document establishing the date on which the request for access was submitted;
In the case of disagreement concerning the conclusion, interpretation or performance of contracts or protocols, the draft contract or protocol, or the signed contract or protocol.
The referral must be drawn up in French (Article 12 of internal regulation).
The referral presents the request addressed to the Commission together with the factual and legal elements on which it is based (Article 12 of internal regulation).
Any referral that fails to meet the above conditions must be rectified, at the Commission’s requests (Article 2 of the decree, Article 12 of internal regulation).
Any referrals that are clearly inadmissible may be rejected by the Commission before any investigation or enquiry (Article 3 of the decree, Article 13 of internal regulation).
The Chairman of the Commission notifies the documents and comments submitted; he sets the deadline before which responses must be issued (Article 3 of the decree, art 13 of internal regulation).
The Chairman appoints a protractor from amongst the departmental officials (Article 4 of the decree, Article 13 of internal regulation).
The protractor conducts a fully independent investigation into the case, ensuring that both sides of the case are heard (Article 4 of the decree, Article 13 of internal regulation).
CRE has to make its decision within two months (Article 38 of the law of 10/2/2000, modified by Article 56 of the law of 3/01/2003).
This period may be extended to four months, if the Commission so wishes, in particular if it needs to conduct or arrange further investigations to settle the dispute.
This four-month period may be extended subject to the plaintiff’s agreement.
The case is examined at a public hearing, unless otherwise requested by the parties (Article 5 of the decree art 4-II of internal regulation).
The protractor submits parties’ conclusions and elements of proof to the Commission (Article 4 of the decree, Article 16 of internal regulation).
The parties may make oral statements at the hearing and be represented or assisted (Article 5 of the decree, art 16 of internal regulation).
The Commission may hear evidence from persons other than the parties involved (Article 5 of the decree, art 16 of internal regulation).
The Commission deliberates behind closed doors, without the presence of:
The parties and the protractor (Article 4 of the decree, Article 4-V of internal regulation);
The Government Commissioner (Article 29 of the law, Article 4-V of internal regulation).
The Commission’s decision must be duly justified (Article 38 of the law).
The decision is notified to the parties and forwarded for Information to the Energy Minister and the Government Commissioner; it is published in the Official Journal of the French Republic, unless its publication would compromise commercially sensitive information (Article 38 of the law, Article 7 0f the decree, Article 17 of internal regulation).